1. Authority of the board of directors.
48-66-102. Inspection of records by members.
(a)
Subject to § 48-66-103(c), a member is entitled to
inspect and copy, at a reasonable time and location specified by the
corporation, any of the records of the corporation described in § 48-66-101(e)
if the member gives the corporation a written demand at least five (5) business
days before the date on which the member wishes to inspect and copy.
(b)
A member is entitled to inspect and copy, at a reasonable time and reasonable
location specified by the corporation, any of the following records of the
corporation if the member meets the requirements of subsection (c) and gives the
corporation written notice at least five (5) business days before the date on
which the member wishes to inspect and copy:
(1) Excerpts from any records required to be maintained under §
48-66-101(a), to the extent not subject to inspection under subsection (a);
(2) Accounting records of the corporation; and
(3) Subject to § 48-66-105, the membership
list.
(c)
A member may inspect and copy the records identified in subsection (b) only if:
(1) The member's demand is made in good faith and for a proper purpose;
(2) The member describes with reasonable particularity the purpose and
the records the member desires to inspect; and
(3) The records are directly connected with the purpose for which the
demand is made.
(d)
The right of inspection granted by this section may not be abolished or limited
by a corporation's charter or bylaws.
(e)
This section does not affect:
(1) The right of a member to inspect records under § 48-57-201
or, if the member is in litigation with the corporation, to the same extent as
any other litigant; or
(2) The power of a court, independently of chapters 51-68 of this title,
to compel the production of corporate records for examination.
[Acts
1987, ch. 242, § 16.02.]